Smith v. Robert R. Sizer & Co.

ADAMS, District Judge.

This action was brought by Caleb R. Smith, as master of the schooner May & Anna Beswick, to recover from the corporation of Robert R. Sizer & Company, the sum of $333.44, for an alleged balance of freight and demurrage due on a cargo of lumber, transported from Newberne, North Carolina, to the City of New York. The vessel was loaded at Newberne and sailed thence on or about the 22d day of June, 1904, and was discharged in New York, July 14th by 2:30 o’clock P. M.

The charter party, dated at New York, the 23d day of May, 1904, provided for the voyage described and further,…